This blog, Criminal HIV Transmission, a collection of published news stories, opinion, and resources about so-called 'HIV crimes', has now been incorporated into the new HIV Justice Network website, and will not be updated as of November 15th 2012.
For more information about the HIV Justice Network, please visit http://www.hivjustice.net

Tuesday, 13 July 2010

The risk faced by Irish police of occupational exposure to HIV and other blood-borne infections is "as likely as being struck by an asteroid," according to expert testimony during a test compensation case conducted by Ms Justice Mary Irvine in July 2009 following a high level of compensation claims involving fear of transmission of such diseases coming before the Irish courts.

Since then, reports today's Irish Independent, compensation payouts have been reduced from "upwards of €50,000" to between €5000 and €7000.

COMPENSATION for gardai claiming they suffered anxiety after minor scrapes with potential drug addicts has been slashed after the risk of illness was deemed to be "as likely as being struck by an asteroid".

After a test case was taken before the High Court, damages for stress were yesterday cut to well below what can be awarded by the District Court.

But while this will save the State in compensation costs, the final bill will more than quadruple after legal costs are included.

Asteroid

Some judges, have, in the past, awarded gardai in similar cases upwards of €50,000 at a time when no significant attempt had been made to test for HIV contamination.

Ms Justice Mary Irvine conducted a test case during which she heard from medical experts that the risk of a garda contracting diseases from drug addicts was as likely as being struck by an asteroid.

Since delivering her judgment, Ms Justice Irvine has significantly reduced that element of compensation relating strictly to anxiety about contracting an anti-social disease.

Yesterday, she reminded authorities of the need to allay garda fears through continued education about the remote risk of infection. She said in incidents of injury it was important to carry out tests on assailants.

Gda Cormac McAvock, of Oranhill, Oranmore, Galway, was awarded €7,000 for anxiety and physical injury he suffered while making an arrest when he was stationed in Mullingar.

He did not know what had caused a finger wound but had been advised to have blood tests. He did not have counselling and had not asked that his assailant be tested for HIV.

Gda Gerard Ryan, of The Grove, Louisa Valley, Leixlip, Co Kildare, was awarded €5,000 for stress suffered after he was injured during an arrest.

Ms Justice Irvine said he had believed he had been bitten by his assailant who was not a known drug user and he had been advised of the very minute risk of infection.

The risk faced by Irish police of occupational exposure to HIV and other blood-borne infections is "as likely as being struck by an asteroid," according to expert testimony during a test compensation case conducted by Ms Justice Mary Irvine in July 2009 following a high level of compensation claims involving fear of transmission of such diseases coming before the Irish courts.

Since then, reports today's Irish Independent, compensation payouts have been reduced from "upwards of €50,000" to between €5000 and €7000.

COMPENSATION for gardai claiming they suffered anxiety after minor scrapes with potential drug addicts has been slashed after the risk of illness was deemed to be "as likely as being struck by an asteroid".

After a test case was taken before the High Court, damages for stress were yesterday cut to well below what can be awarded by the District Court.

But while this will save the State in compensation costs, the final bill will more than quadruple after legal costs are included.

Asteroid

Some judges, have, in the past, awarded gardai in similar cases upwards of €50,000 at a time when no significant attempt had been made to test for HIV contamination.

Ms Justice Mary Irvine conducted a test case during which she heard from medical experts that the risk of a garda contracting diseases from drug addicts was as likely as being struck by an asteroid.

Since delivering her judgment, Ms Justice Irvine has significantly reduced that element of compensation relating strictly to anxiety about contracting an anti-social disease.

Yesterday, she reminded authorities of the need to allay garda fears through continued education about the remote risk of infection. She said in incidents of injury it was important to carry out tests on assailants.

Gda Cormac McAvock, of Oranhill, Oranmore, Galway, was awarded €7,000 for anxiety and physical injury he suffered while making an arrest when he was stationed in Mullingar.

He did not know what had caused a finger wound but had been advised to have blood tests. He did not have counselling and had not asked that his assailant be tested for HIV.

Gda Gerard Ryan, of The Grove, Louisa Valley, Leixlip, Co Kildare, was awarded €5,000 for stress suffered after he was injured during an arrest.

Ms Justice Irvine said he had believed he had been bitten by his assailant who was not a known drug user and he had been advised of the very minute risk of infection.

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About this blog

This blog is now incorporated into new HIV Justice Network website which is intended to be a global information and advocacy hub for individuals and organisations working to end the inappropriate use of the criminal law to regulate and punish people living with HIV. There you will find the latest news and cases, searchable by date, country, and case type, plus all kinds of advocacy resources (including video). The information on the website is also classified by 25 topics, under six headings: Advocacy; Alternatives; Impact; Law Enforcement; Laws and Policies; and Science.

The new HIV Justice Network website incorporates all the posts from my blog, Criminal HIV Transmission, which I began in 2007. Little did I know at the time that it would become an important global resource, filling a much-needed gap by capturing what is happening in real time. It was only when I attended AIDS 2008 in Mexico City, and discovered how many people knew of me and my work, that I realised how useful a resource it had become for advocates, researchers, lawyers and others from all over the world.

Knowing that the blog served as an international information and advocacy hub placed enormous pressure on my time and personal resources. Until the beginning of 2012, the blog and its associated advocacy work received no funding – save the few wonderful individuals who donated via Paypal and a small grant from IPPF (thank you!). So I’m very grateful to The Monument Trust for its generous support which has allowed me to sustain, develop and expand the blog into the HIV Justice Network. I’d also like to thank Kieran McCann and Thomas Paterson from NAM, who designed and developed the site, as well as NAM’s Executive Director, Caspar Thompson, for his support and guidance.

HIV and the Criminal Law

This international resource, HIV and the Criminal Law, which I wrote and edited for NAM, is available as an A5 book and at www.aidsmap.com/law. To order your copy visit www.aidsmap.com/law, or contact NAM at +44 (0)20 7840 0050, email: info@nam.org.uk If you are based in a low or lower middle income country, as defined by the World Bank, and would like a free copy of this book please contact NAM.

Why Criminalisation Matters

Click on the image above to listen to Sean Strub, Catherine Hanssens, Vanessa Johnson and I discuss why HIV criminalisation in the US is a major issue for public health and human rights. The panel took place in February 2011 as part of the eQuality Thinking virtual convention.

Funders Concerned About AIDS

I delivered the keynote address, 'Combating HIV Criminalization at Home & Abroad', to the annual gathering of US-based HIV funders in Washington DC in December 2010. Video of my presentation is now available. Visit the FCAA website to watch it online.

Criminalisation of HIV Exposure and Transmission: Global Extent, Impact and The Way Forward

This meeting by and for advocates against the criminalisation of HIV nondisclosure, exposure and non-intentional transmission was held on July 18th 2010 prior to AIDS2010 in Vienna and co-organised by the Canadian HIV/AIDS Legal Network, the Global Network of People Living with HIV and NAM.

This poster presented to the XVIII International AIDS Conference in Vienna in July 2010, highlights how the US criminal justice system routinely breaches international human rights standards [click on the image to download an interactive pdf file]